Continental National Bank v. Myerle
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Continental National Bank of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 8th day of February, 1898, denying its motion for an inspection and discovery, and permission to take copies, of certain notes, books, papers and documents.
1Opinion of the Court
Rumsey, J.:
It appears from the complaint that some twenty years ago one Phineas Burgess had a contract with the United States government to do work upon a man of-war, for which, when finished, he was to receive a large amount of money. On the 8th of July, 1818, he borrowed $10,000 from the plaintiff upon his promissory note, and as collateral security for the loan he pledged this claim against the National government. Before the amount due from the government was liquidated it became necessary to bring an action in the Court of Claims, which was done, but judgment was not *283■finally rendered in…
2Cited by2 opinions
- Palmer v. United PressAppellate Division of the Supreme Court of the State of New York · 1901
- People ex rel. Robin v. HayesNew York Supreme Court · 1914